With crime on the rise, many people are wondering how to defend themselves.
But the laws around self-defence are complicated.
Criminal defence lawyer Linh Pham says self-defence claims have three elements.
“The first is the person has to have a reasonable grounds to fear that they’re getting assaulted or that they’re under threat,” Pham said. “The second element to a self-defence claim is their intent in acting. They must act to protect themselves or another. And the last consideration with regard to a self-defence claim is whether they acted reasonably. They have to act with reasonable force and not use excessive force.”
Pham added that legally you aren’t permitted to carry a weapon even for self-defence purposes but added that using items in your surroundings is not off the table.
“So technically, you’re not allowed to carry a weapon around — if you’re carrying perhaps a knife in your pocket or bear spray, you could get charged with possession of a weapon for a purpose dangerous to the public. Now, if you’re driving around and in your trunk, perhaps you have a golf club, then that’s not really a weapon,” Pham said.
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Clayton McNally at In Charge self-defence said that carrying a weapon could not only get you in trouble with the law, but also put you in more danger.
“We don’t actually recommend carrying weapons to defend yourself because more often than not, that weapon ends up being used against you in a situation. So you might have just got yourself in a worse situation than you were to begin with.”
He added that knowing how to protect yourself is vital.
“Extremely important, because they never know when it’s going to happen or where it’s going to happen. It usually happens in the most unlikely situation, and a lot of times happens with family members. So it’s important to be able to defend yourself no matter where you are.”
In Charge teaches self-defence to anyone of any age or ability.
“What’s really good about self-defence … (as opposed to) martial arts is that we teach based on what the person can and cannot do in their situation,” McNally said.
Pham added that if you are making a self-defence claim, know your rights and contact a lawyer.
“If you were charged with assault or another violence offence, and if you are considering raising a claim for self-defence, it’s important that you exercise your right to remain silent and consult with a criminal defence attorney. “
RCMP said that all cases of self-defence are unique and declined Global News’ request for further comment.
Experts say it’s important to stay vigilant and be aware of your surroundings at all times.
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